Rebecca M. Rothmann

Rebecca M. Rothmann
Representative Cases
PROFESSIONAL/SPECIALTY LIABILITY DEFENSE
Kroner v. Deer, Case No: 07-L-67184 Summary judgment in favor of attorney affirmed on
appeal on grounds that the existence of actual damages was too speculative to establish a
cause of action for legal malpractice. (1st Dist. Appellate Court, August 25, 2011)
Lawrence Rolak v. Dalton & Dalton (09-L-1081)Dismissal of legal malpractice action
arising out of complex commercial transaction based on arguments of unclean hands and
proximate cause. (Will County Circuit Court, April 2011)
Joseph Johnson v. Niew Legal Partners, Inc. (10-L-1020) Dismissal of legal
malpractice claims based on argument that Plaintiff’s claims did not arise from legal services
and obtained dismissal of broker negligence claims based on argument that claims were
statutorily barred. (Circuit Court of DuPage County, IL, March 2011)
Szal v. River Plaza Office Condominium Association, Gus Bahramis, and Masis
Sarkisian,(09-CH-037526) Dismissal of claims against condominium association and board
members based on argument no viable cause of action, proximate cause or damages.
(Circuit Court of Cook County August 2011)
Morris v Pacific Life Insurance Company et al., Case No. 07L17 ST - Dismissal with
prejudice of claims for fraud and negligence arising from sale of insurance investment
products. (Whiteside County, IL)(March 10, 2011)
Svela v. American General, et al. (07-L-35 ST); Schriener v. Pacific Life Insurance
Company et al. (07-L-64); Beetz v. American General et. al. (08-L-51 ST); Obtained
multiple dismissals of all claims arising out of massive Ponzi scheme by life and annuity
broker. (Cir. Ct. Whiteside County, IL, March, 2011)
Paul et. al. v. ING Financial Partners et. al., 3-09-0588 (3rd Dist App. Ct)(Sept. 10,
2010); Moore v. American General Life Insurance Company et. al, 3-09-0587 (3rd
Dist App. Ct)(Sept. 10, 2010) - Obtained dismissal of fraud and negligence claims involving
agent's Ponzi scheme wherein Plaintiffs sought to hold various clients liable for investment
fraud under agency theory
Ball v. Kotter et al., No 08-CV-1613 (N.D. Ill, Oct. 18, 2010), summary judgment for
attorney on claim that negligence deprived Estate of legal interest in real property valued
over $1,000,000 for failure to present sufficient evidence on standard of care.
Bober v. Rothke et al., 08 L 6829 (Cook Co. Ill, Aug. 16, 2010) (appeal pending) Obtained
dismissal of claim for professional negligence, fraud, conspiracy and abuse of process based
on statute of limitations and other grounds.

Brown, Trustee of the Bankruptcy Estate of Steven Racz v. Synergy Law Firm et
al., 07 C 6554 (N.D. Ill, July 16, 2010) Obtained summary judgment on Bankruptcy
Trustee’s claim that attorney negligently advised debtor to set up irrevocable trust.
David Lehman v. Peter J. Berman, et al., No. 04 L 10587 (Cook Co., Ill.), appeal
dismissed, No. 06-2397 (1st Dist. App. Ct.) – Obtained dismissal of trespass, conversion,
abuse of process, and malicious prosecution claims against the defendant lawyer, arising
from his prosecution of a legal malpractice claim against the plaintiff. The trial court
dismissed on June 2, 2005 the trespass and conversion claims as time-barred under the
applicable statutes of limitations, dismissed on March 13, 2006 the malicious prosecution
claim for failure to state a claim under Illinois law, and dismissed on July 24, 2006 the
abuse of process claim as time-barred. The plaintiff appealed the dismissals, which appeal
the appellate court dismissed for want of prosecution by Order dated February 5, 2007.
Arceo v. Vrdolyak Law Office, No. 04 L 8165 (Cir. Ct. Cook Cty., Aug. 22, 2006) –
Obtained summary judgment on plaintiff’s claim defendants botched personal injury trial by
failing to obtain expert testimony, on basis plaintiff could not show that but for alleged
failure the underlying case was lost.
Sullivan v. OHIC v. Holmstrom & Kennedy, No. 02 L 0504 (Cir. Ct., Cook Cty., Jan. 25
2005)(J. Goldberg) Successfully dismissed (1) direct claim for bad faith; (2) third party
claim for contribution filed by insurer against appointed counsel; and (3) insurer’s separate
and consolidated claim against appointed counsel for legal malpractice in lawsuit arising
from purported failure to properly defend OB/GYN medical malpractice claims.
Ochwat v. Raysa & Skelton, P.C., No 96 L 13530 (Cir. Ct. Cook Cty., May 23, 2003)(J.
Bartkowicz) Obtained summary judgment on plaintiffs’ claims of professional negligence
stemming from purported mishandling of complex real estate transaction based upon lack of
proximate causal connection between acts alleged and damages to plaintiffs.
Fine v. Redfield, et al., No. 00 L 5211 (Cir. Ct. Cook Cty., June 12, 2003) - Plaintiff sought
over $10 million in damages arising from underlying bankruptcy proceeding, but case
settled for less than cost of defense on fourth day of jury trial after cross-examination of
Plaintiff.
Circle Group Internet, Inc. v. Atlas, Pearlman, No. 01 C 7338 (N.D. Ill. 2002)
Successfully moved to transfer venue in legal malpractice action.
Rosen v. Domsky et. al., No. 01 L 7114 (Cir. Crt. Cook Cty., April 25, 2002)(J. Ponce de
Leon) Successfully dismissed claims for tortious interference based upon litigation privilege
and failure to state a claim.
Bambionitakis v. Syregelas, No. 01-3402 (1st Dist. Ill.App. August 14, 2002) - Appellate
Court affirmed summary judgment in favor of attorney client in multi-million dollar
malpractice claim on basis plaintiff lacked expert testimony to support underlying medical
malpractice case and client was immune for making judgment calls.

Kelly v. Massucci, Blomquist & Brown, No. 96 L 12956 (Cir. Ct. Cook Cty., July 12,
2000) - Obtained summary judgment at trial in multi-million dollar legal malpractice lawsuit
arising from purported failure to file claims against parish priest for sexual molestation of
plaintiff when he was a minor, and against Archdiocese for negligent supervision, based
upon lack of attorney/client relationship, continuing viability of claim against priest, and
non-viability of claim against Archdiocese based upon Establishment Clause of the First
Amendment and lack of inquiry notice.
Buckley v. Bass & Assoc., P.C., No. 99 C 4044 (N.D. Ill. 2000) Successfully dismissed
FDCPA violation claim against defendant counsel.
Bradley v. Peter Arden, Robert Balanoff & Associates, et al., No. 96 L 12890 (Cir. Ct.
Cook Cty., August 11, 2000) – Successfully barred Plaintiff’s legal expert and obtained
summary judgment in favor of defendants on first day of trial in plaintiff’s $650,000 claim
for alleged mishandling of Worker’s Compensation Act trial based upon lack of proximate
cause, litigation judgment and tactical immunity, and insufficient expert testimony
concerning any purported breach of the standard of care.
Heyde v. Costigan & Wollrab, et al., No. 00 L 99 (Cir. Ct. Peoria Cty., Ill. September 8,
2000) - Obtained dismissal of invasion of privacy and other claims brought by plaintiff
against defense attorney in underlying case relating to alleged wrongful disclosure of
discovery based on Illinois Litigation Privilege and other arguments.
Weiss v. Barr et. al., No. 99 L 12005 (Cir. Ct. Cook Cty., May 23, 2000)(J. Larsen) -
Obtained dismissal of professional negligence claims arising out of counsel’s failure to
pursue claims for personal injuries under Structural Work Act based on lack of attorneyclient
relationship and proximate causation of damages.
ERISA AND LIFE HEALTH DISABILITY
Rich v. Principal Life Ins. Co., 222 Ill.2d 623, 862 N.E.2d 238, 2007 Ill. LEXIS 1157
(2007) - Successfully argued before Illinois Supreme Court no coverage for plaintiff’s claim
for lifetime disability benefits on basis claim was for a “sickness,” not an “injury”, and
therefore subject to policy limitation.
Mutz v. Pacific Life Ins. Co., 1-05-3147 (Ill. App. 1st Dist. April 18, 2007) - Plaintiff’s
putative class action seeking statutory interest on life insurance claim properly dismissed
since delay in payment due to good faith claim investigation.
Stilwell v. American General, 2007 U.S. Dist. LEXIS 43095 (C.D. Ill. June 14, 2007) (J.
McCuskey) - Obtained summary judgment on plaintiff’s claim that life insurance benefits
were wrongfully paid to creditors, the Court applying rules of construction to determine
validity of assignments.
Bosco v. Prudential Insurance Co. of Am., No. 96 CH 8032 (Cir. Ct. Cook Cty.,
December 12, 2006) - Obtained summary judgment on Consumer Fraud Act Claim brought
by former judge arising from denial of life insurance policy application.

Taylor, et al. v. Prudential, et al., No. 49D03-0208-CT-001418 (Marion Co., Indiana,
March 23, 2006) (J. McCarty) – Obtained dismissal of plaintiff’s claims for Securities Fraud,
Unlawful Practices by Investment Advisor, Common Law Fraud, and breach of fiduciary duty
claims concerning security components of life insurance product.
Chimney v. Prudential Ins. Co. of America, No. 03 C 6628 (N.D. Ill. April 20, 2005) (J.
Zagel) – Won summary judgment on ERISA disability benefits case.
Riordan v. Golden Rule,No. 4:02-CV-60605 (S.D. Iowa, May 23, 2005) (J. Sheilds) –
Defeated plaintiffs’ claims for benefits and won summary judgment on cross claim for
rescission of health insurance policy based on material misrepresentations made on
application
Bowie v. Prudential Ins. Co. of America, No 02 CH 6666 (Ct. Crt. Cook Cty, Aug. 23,
2004(J. Seible)- Won summary judgment on ERISA disability benefits case.
Surgicore, Inc. v. Principal Ins. Co., 2002 U.S. Dist. LEXIS 9122 (N.D. Ill. May 21, 2002)
- Obtained dismissal of state law claims based upon ERISA preemption.
O’Reilly v. Hartford Life & Acc. Ins. Co., 272 F.3d 955 (7th Cir. 2001), affirming, 1999
WL 15631 (N.D. Ill. March 3, 1999) - Successfully argued that long-term disability plan was
not subject to Safe Harbor in DOL regulations and was therefore subject to ERISA.
Subsequently received summary judgment on the merits as to plaintiff’s $500,000 claim for
disability benefits, which was affirmed on appeal by the Seventh Circuit.
Funeral Financial Systems, Inc. v. Pacific Mutual Life Ins Co., 46 F.Supp.2d 801 (N.D.
Ill. 1999) - After successfully defeating claim by assignee for benefits at trial, obtained
award of attorneys fees and costs under ERISA for defendant-insurer.
MISC. E&O COVERAGE
CNA Casualty of Cal. v. E.C. Fackler, Inc., et al., 361 Ill.App.3d 619, 836 N.E.2d 732
(1st Dist. 2005) petition denied 844 N.E.2d 964 (Ill. 2006) – Obtained reversal of trial court,
and judgment on appeal in favor of insurer client, finding there was no coverage for $5
million claim asserted by Insurance Commissioner as Liquidator of failed workers’
compensation trusts against trusts’ administrator based on exclusions for insolvency and
governmental intervention.

COMPLEX COMMERCIAL LITIGATION
Aetna v Carr, 2010 U.S. Dist. LEXIS 13778 (N.D. Ill, December 30, 2010) – Obtained
summary judgment against Defendant for common law and statutory fraud based claims.
Sanchez & Daniels v. Koresko & Assoc., et al. v. Krislov, et al., 503 F.3d 610 (7th Cir.
2007), affirming 2006 U.S. Dist. LEXIS 82222, 2007 U.S. Dist. LEXIS 1186 (N.D. Ill.
November 8, 2006, January 3, 2007) (J. Kennelly) aff’d 2007 U.S.App. LEXIS 22610 (7th
Cir. September 24, 2007) - Obtained dismissal of third-party claims brought against several
parties for tortious interference, defamation, abuse of process, conspiracy, ERISA violations,
RICO, and other claims arising from the settlement of a nationwide insurance market
practices class action.
Bock v. Computer Associates Intl., Inc. and Platinum Technology, Inc., No. 99 C
5967, 2000 WL 310288, 2000 WL 1053974, 257 F.3d 700 (7th Cir. 2001), 2001 WL
1195842 (N.D. Ill. Oct. 5, 2001); 2002 WL 511560 (N.D. Ill. April 3, 2002) - Obtained a
final judgment after trial, Seventh Circuit appeal, and remand, of $2 million for plaintiff
client on claim under ERISA for severance benefits, including award of attorneys’ fees and
costs.
Much v. Pacific Mutual Life Ins. Co., 266 F.3d 637 (7th Cir. 2001), reversing 1999 WL
146586 (N.D. Ill. February 26, 1999) - After adverse judgment entered against client at trial
on agents’ claims for past and future commissions on over 200 life insurance policies
pursuant to employer program that terminated agents, valued at potentially $2 million at
time of trial, obtained reversal and judgment for client on appeal before Seventh Circuit.
Mutz Residuary Trust v. Pacific Life Insurance, No. 04 L 6941 (Cir. Ct. Ck. Cty, August
29, 2005) aff’d No. 1-05-3147 (Ill. App. 1st Dist. April 18, 2007) - Defeated class action
claims arising from alleged violation of Illinois Insurance Code based on argument of first
impression that no private right of action existed and successfully dismissed contract claims
based on timing of proof of loss. Affirmed on appeal.
Zellweger v. DOD Technologies,No. 03 CH 778, (Cir. Crt. McHenry County, June 17,
2005) (J. Caldwell) aff’d No. 2—05—0705 (Ill.App.2d Dist. January 25, 2005) - Obtained
dismissal of Temporary Restraining Order prohibiting DOD Technologies from using or
employing any proprietary or trade secret information of Zellweger in its business and
defeated motion for preliminary injunction, after three weeks of testimony. Affirmed on
appeal.

Samarah Holding Co. v. Phoenix Container, Inc., No. 99 L 2064 (consolidated with 99
CH 3125) (Cir. Ct. Cook County, December 30, 1999), removed while motion to reconsider
pending, No. 01 C 9318 (N.D. Ill. May 31, 2002) - Obtained dismissal of plaintiff’s claims for
$1 million and other relief on basis promissory note not properly authorized by defendant’s
Board of Directors pursuant to Nevada Business Corporation Act. Also obtained dismissal of
related multi-million dollar lawsuit for breach of fiduciary duty by minority shareholder
against other shareholders, Phoenix Container L.P., et al. v. James Florio, et al., 235 F.3d
352 (7th Cir. 2000) on remand to Circuit Court of Cook County, Illinois, No. 99 L 2065
(November 24, 2004) for lack of personal jurisdiction, and dismissal on the merits of related
lawsuit for breach of fiduciary duty and legal malpractice, Samarah v. Schonfeld, No. 99 L
1730 (Cir. Ct. Cook County, Illinois November 24, 2004).
Fisher v. PCI, 1999 U.S. Dist. LEXIS 14707 (N.D. Ill. September 16, 1999) - Obtained
dismissal based on forum non conveniens of breach of contract claim arising from asset
acquisition of start-up corporation.
Contact Information
Rebecca M. Rothmann
Chicago: 312.821.6148
rebecca.rothmann@wilsonelser.com